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2025 DAILYLAW 137115 (ALL)

AHMAD HUSAIN @ GUDDU v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/371/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25939 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 371 of 2025 Applicant :- Ahmad Husain @ Guddu Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd.Mateen,Shamsher Yadav Jagrana Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A for the State. 2. The present application under Section 528 B.N.S.S/482 Cr.P.C has been preferred with following main prayer:- " Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 09.07.2024, passed in the Misc Case No. M-319/2022, u/s 125(3) Cr.P.C (Akbar Jahan versus Ahmad Hussain @ Guddu), Police Station, Harraiya, District Balrampur, pending before the Principal Judge, Family Court, Balrampur contained as Annexure No. 5 and also quash the impugned order dated 21.01.2025, passed in the misc. case no. 491/2024, u/s 145(2) B.N.S.S (Akbar Jahan versus Ahmad Hussain @ Guddu), Police Station Harraiya, District Balrampur, pending before the Principal Judge, Family Court, Balrampur, contained as Annexure No. 7)." 3. At the very outset, learned A.G.A has raised a preliminary objection regarding maintainability of the present application as the applicant has an alternative statutory remedy to file a revision under Section 19 (4) of the Family Court, 1984. 4. At this stage, learned counsel for the applicant has submitted that the present application may be dismissed as not pressed with liberty to file a criminal revision under Section 19 (4) of the Family Court, 1984. 5. As such, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy, as may be permissible under the law. 6. Office is directed to return certified copy of the documents to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 5.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench